Arizona UAS Laws

 
 
Note on Federal vs State Laws:

Federal airspace laws take precedence over state drone laws. If a state or local law directly conflicts with FAA regulations, the state or local law is likely to be invalidated. All commercial drone pilots operating in Arizona must adhere to the FAA's Part 107 Rules. 

Definitions:

Arizona’s law uses the terms model aircraft, civil unmanned aircraft, and public unmanned aircraft to describe drones as used for different purposes.

  • Model aircraft:  an unmanned aircraft that is “capable of sustained flight in the atmosphere; flown within visual line of sight of the person operating the aircraft; and flown for hobby or recreational purposes.” (Hobby)

  • Civil unmanned aircraft: “an unmanned aircraft or unmanned aircraft system that is operated by a person for any purpose other than strictly for hobby or recreational purposes, including commercial purposes, or in the furtherance of or incidental to any business or media service or agency.” (Commercial)

  • Public unmanned aircraft: an unmanned aircraft “operated by a public agency for a government-related purpose.” (Government/Law Enforcement)

  • Unmanned aircraft: “an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.”

  • “Critical facility” is defined as a wide range of infrastructure including:

    • A petroleum or alumina refinery.

    • A petroleum, chemical or rubber production, transportation, storage or processing facility.

    • A chemical manufacturing facility.

    • A water or wastewater treatment facility and water development, distribution or conveyance system, including a dam.

    • An electric generation facility, as defined in section 42-14156, and any associated substation or switchyard.

    • An electrical transmission or distribution substation.

    • An electrical transmission line of at least sixty-nine thousand volts.

    • An electronic communication station or tower.

    • An energy control center.

    • A distribution operating center.

    • A facility that transfers or distributes natural gas, including a compressor station, regulator station, city gate station or pressure limiting station or a liquefied natural gas facility or supplier tap facility.

    • Any railroad infrastructure or facility.

    • A federal, state, county or municipal court.

    • A public safety or emergency operation facility.

    • A federal, state, county or municipal jail or prison or other facility in which persons are incarcerated.

    • A federal or state military installation or facility.

    • A hospital that receives air ambulance services.

Statutes/Bills (passed):

State Drone Laws in Arizona

Arizona has a structure of laws that address drone operations, with penalties ranging from misdemeanors to felonies for violations.

A.R.S. § 13-3729 - Unlawful Operation & State Preemption This is the primary law governing drone operations in Arizona. It establishes that the state legislature maintains sole authority to regulate the operation of drones, preempting cities and counties from creating their own drone laws. Under this statute:

(1) Operating a drone in a way that is prohibited by federal law or interferes with the operation of law enforcement or emergency services is a class 1 misdemeanor. This is punishable by up to 6 months in jail, 3 years of probation, and a $2,500 fine.

(2) Using a drone to take photographs of or linger near a critical facility in the furtherance of a crime is a class 6 felony, which can be elevated to a class 5 felony for subsequent violations.

A.R.S. § 13-2904 - Disorderly Conduct As established by SB 1449, Arizona's disorderly conduct law was updated to include drones. A person commits disorderly conduct if, with the intent to disturb the peace, they operate a drone in "dangerous proximity" to another person or their property.

A.R.S. § 28-8280 - Careless or Reckless Operation This statute applies a general standard of safety to all aircraft, including drones.

  • A person who operates a drone in a careless or reckless manner that endangers the life or property of another is guilty of a class 1 misdemeanor.

  • In determining what is careless or reckless, the court considers the standards for safe aircraft operation set by federal statutes and regulations.

A.R.S. § 28-8242 - Powers and Duties of ADOT This statute outlines the authority of the Arizona Department of Transportation (ADOT) to supervise and regulate aeronautics within the state, which includes the operation of unmanned aircraft.

Local Drone Laws in Arizona

Due to the state preemption clause in A.R.S. § 13-3729, local municipalities in Arizona are largely prohibited from creating their own specific rules for drone operations. However, they may still be able to regulate drone take-off and landing on property that they own (e.g., in city parks). Always check local rules before flying.